Spectrum Laboratories, LLC v. 513 Ventures LLC
| Spectrum Laboratories, LLC |
| 513 Ventures, LLC |
| 1:2020cv00986 |
| December 7, 2020 |
| US District Court for the Southern District of Ohio |
| Michael R Barrett |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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| Document Text |
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| ***Civil Case Terminated pursuant to #51 Stipulation of Dismissal. (ba) |
| Filing 51 STIPULATION of Dismissal of entire action with prejudice by Plaintiff Spectrum Laboratories, LLC. (Cavanagh, Matthew) |
Notation Order: This matter is before the Court on Spectrum Laboratories, LLC's unopposed #50 Motion for 7-Day Extension of Time to Move, Plead, or Otherwise Respond to 513's First Amended Counterclaim. For good cause shown, and the reasons stated therein, it is hereby ORDERED that the #50 Motion is GRANTED and Spectrum shall have up to and including August 13, 2021 to move, plead, or otherwise respond to 513's First Amended Counterclaim. Signed by Judge Michael R. Barrett on 8/5/21. (ba)
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| Filing 50 Unopposed MOTION for Extension of Time New date requested 8/13/2021. to Move, Plead, or Otherwise Respond to 513's First Amended Counterclaim by Plaintiff Spectrum Laboratories, LLC. (Cavanagh, Matthew) |
| Filing 49 Amended COUNTERCLAIM against Spectrum Laboratories, LLC, filed by 513 Ventures, LLC. (Attachments: #1 Exhibit 1 Master Distribution Agreement, #2 Exhibit 2 8-31-2020 Termination of License) (Schmidt, Stephen) |
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Notation Order: This matter is before the Court on 513 Ventures, LLCs unopposed #40 Motion for Leave to Amend Counterclaim. For good cause shown, and the reasons stated therein, it is hereby ORDERED that the unopposed #40 Motion for Leave to Amend Counterclaim is GRANTED and 513 Ventures, LLC shall file its amended counterclaim within seven (7) days of the date of this Order. Signed by Judge Michael R. Barrett on 7/22/21. (ba)
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| Filing 48 RESPONSE to Motion re #40 First MOTION to Amend/Correct Counterclaim filed by Plaintiff Spectrum Laboratories, LLC. (Cavanagh, Matthew) |
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Filing 44
ORDER granting #43 Motion to File Document Under Seal (Joint Motion). Signed by Judge Michael R. Barrett on 7/20/21. (ba)
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| Filing 43 Joint MOTION to File Document Under Seal (Joint Motion) by Counter Claimant 513 Ventures, LLC, Defendant 513 Ventures, LLC. (Attachments: #1 Proposed Order) (Schmidt, Stephen) |
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NOTATION ORDER signed by Judge Michael R. Barrett on 7/19/21 granting #42 Motion to Withdraw as Attorney. Attorney Charles Hampton Brown, III terminated. (ba)
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| Minute Order with Status Conference held on 7/19/2021 before Judge Michael R. Barrett; Matthew Cavanagh appeared for plaintiff; Brian O'Connell, Stephen Schmidt and Greg Arhens appeared for defendant; case to proceed with preparation for previously set preliminary injunction hearing 8/24/2021 and 8/25/2021 beginning at 10:00 am in Courtroom 109; and finding as moot #24 Motion to Stay and #9 Motion for Preliminary Injunction. (ba) |
| Filing 42 MOTION to Withdraw as Attorney by Counter Claimant 513 Ventures, LLC, Defendant 513 Ventures, LLC. (Brown, Charles) |
| Filing 41 NOTICE of Appearance by Gregory Frederick Ahrens for Counter Claimant 513 Ventures, LLC, Defendant 513 Ventures, LLC (Ahrens, Gregory) |
| Filing 40 First MOTION to Amend/Correct Counterclaim by Defendant 513 Ventures, LLC. (O'Connell, Brian) |
| Filing 39 NOTICE: Exhibit 10 Re: Document 33 received by Clerk and forwarded to the Chambers of Judge Michael R. Barrett. (cmb) |
| Filing 38 NOTICE by Counter Defendant Spectrum Laboratories, LLC of filing Exhibit 10 to its Amended Motion for Preliminary Injunction (Cavanagh, Matthew) |
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Filing 37
ORDER granting #36 Motion for Leave for Plaintiff Spectrum Laboratories, LLC to manually file Exhibit 10, a thumb drive video, with the Clerk of Courts. Signed by Judge Michael R. Barrett on 6/21/21. (ba)
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| Filing 36 MOTION for Leave to File Video Exhibit Manually by Counter Defendant Spectrum Laboratories, LLC, Plaintiff Spectrum Laboratories, LLC. (Cavanagh, Matthew) |
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Filing 35
STIPULATED PROTECTIVE ORDER. Signed by Judge Michael R. Barrett on 6/9/21. (ba)
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| Filing 34 Joint MOTION for Protective Order as stipulated by the Parties by Plaintiff Spectrum Laboratories, LLC. (Attachments: #1 Text of Proposed Order Stipulated Protective Order) (Cavanagh, Matthew) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 6/3/2021; Matthew Cavanagh appeared for plaintiff; Charles Borwn and Biran O'Connell appeared for defendant; the parties have reached a discovery schedule and shall proceed as such related to the #33 Amended Preliminary Injunction motion and the 8/24 & 25/2021 hearing; a follow up Status Conference is set for 7/19/2021 at 10:00 AM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 12/9/2020 for conferencing instructions. (ba) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 5/14/2021; Matthew Cavanagh appeared for plaintiff; Charles Brown, Brian O'Connell and Stephen Schmidt appeared for defendant; a follow up Status Conference is set for 6/3/2021 at 11:30 AM by teleconference before Judge Michael R. Barrett following the discovery as discussed with the Court; the #33 Amended MOTION for Preliminary Injunction is set for 8/24/2021 and 8/25/2021 in Courtroom 109 - Cincinnati before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 12/9/2020 for conferencing instructions. (ba) |
| NOTICE of Hearing: Please be aware that the Status Conference set for 5/11/2021 at 12:30 pm is being RESET IN TIME ONLY from 12:30 pm to 04:00 PM and will remains set by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 12/9/2020 for conferencing instructions. (ba) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 5/11/2021; Matthew Cavanagh and David Cupar appeared for plaintiff; Charles Brown, Brian O'Connell and Stephen Schmidt appeared for defendant; the parties shall confer and discuss a discovery and briefing scheduled re #33 Amended Preliminary Injunction motion; a follow up Status Conference is set for 5/14/2021 at 11:30 AM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 12/9/2020 for conferencing instructions. (ba) |
| Filing 33 Amended MOTION for Preliminary Injunction by Plaintiff Spectrum Laboratories, LLC. (Attachments: #1 Affidavit of Christopher Swain, #2 Affidavit of J. Matthew Stephens, #3 Exhibit S-1 (6/17/16 email to 513), #4 Exhibit S-2 (10/12/17 email to 513), #5 Exhibit S-3 (10/23/17 email to 513), #6 Affidavit of Matthew J. Cavanagh, #7 Exhibit 1 (declaration of incontestability), #8 Exhibit 2 (USPTO's acceptance of incontestability decl.), #9 Exhibit 3 (513ventures.com screenshots), #10 Exhibit 4 (detoxforless.com screenshots), #11 Exhibit 5 (DETOXFORLESS registration), #12 Exhibit 6 (2017 version of QuickFixUrine.com website), #13 Exhibit 7 (screenshots of contested websites), #14 Exhibit 8 (annotated screenshots of contested websites), #15 Exhibit 9 (2018 version of PissPerfect.com website), #16 Exhibit 10 (Infringing "Quick Fix" YouTube video), #17 Exhibit 11 (Infringing "Quick Fix" Facebook page), #18 Exhibit 12 (Spectrum's "Authorized Resller" webpage)) (Cavanagh, Matthew) |
| NOTICE of Hearing: Please be aware that the Status Conference set for 5/4/21 is RESET to 5/11/2021 at 12:30 PM and remains set by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 12/9/2020 for conferencing instructions. (ba) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 4/12/2021; Matthew Cavanagh appeared for plaintiff; Chip Brown, Brian O'Connell and Stephen Schmidt appeared for defendant; the parties propose that plaintiff shall submit an amended preliminary injunction motion to be filed as well as a declaration from a former plaintiff's employee and then follow up with the Court for the remainder of a scheduled; the Court agrees and this matter is set for a follow up Status Conference 5/4/2021 at 12:30 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 12/9/2020 for conferencing instructions. (ba) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 4/1/2021; Matthew Cavanagh appeared for plaintiff; Charles Brown, Brian O'Connell and Stephen Schmidt appeared for defendant; the parties shall confer regarding a briefing scheduled related to #9 Motion for Preliminary Injunction; a follow up status conference is set for 4/12/2021 at 11:30 AM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 12/9/2020 for conferencing instructions. (ba) |
| NOTICE of Hearing: Please be aware that a Status Conference is set for 4/1/2021 at 11:30 AM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 12/9/20 for conferencing instructions. (ba) |
| Filing 32 NOTICE by Defendant 513 Ventures, LLC re #30 Supplemental - Supporting #24 MOTION TO STAY THE PROCEEDINGS (Attachments: #1 Exhibit Exhibit A) (Schmidt, Stephen) Added relationship and text on 3/15/2021 (kl). |
| Filing 31 Supplemental Memorandum Opposing re #24 MOTION to Stay THE PROCEEDINGS to Address the Court's Question filed by Plaintiff Spectrum Laboratories, LLC. (Cupar, David) |
| Filing 30 Supplemental Memorandum Supporting re #24 MOTION to Stay THE PROCEEDINGS TO ADDRESS THE COURTS QUESTION filed by Counter Claimant 513 Ventures, LLC, Defendant 513 Ventures, LLC. (Schmidt, Stephen) |
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Filing 29
SUPPLEMENTAL BRIEFING ORDER re #9 Motion for Preliminary Injunction filed by Spectrum Laboratories, LLC and #24 Motion to Stay filed by 513 Ventures, LLC; the parties shall each file a supplemental brief no longer than 5 pages and no later than 7 days after the date of the issuance of this Order. Signed by Judge Michael R. Barrett on 2/26/21. (ba)
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| Filing 28 REPLY to Response to Motion re #24 MOTION to Stay THE PROCEEDINGS filed by Defendant 513 Ventures, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (O'Connell, Brian) |
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Notation Order: This matter is before the Court on the parties' #27 Joint Motion for Extension of Deadlines. For good cause shown, and the reasons stated therein, it is hereby ORDERED that the parties' #27 Joint Motion is GRANTED. Accordingly, Defendant's reply regarding its Motion to Stay is due on January 11, 2021, and Plaintiff's deadline to move, plead, or otherwise respond to Defendant's counterclaim is due either two weeks after the Court rules on Defendant's Motion to Stay, if a stay is denied, or two weeks after the stay is lifted, if a stay is granted. Signed by Judge Michael R. Barrett on 1/4/2021. (ba)
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| Filing 27 Joint MOTION for Extension of Time to File Answer re #26 Response in Opposition to Motion, #25 Answer to Complaint, Counterclaim New date requested 12/30/2021. (two weeks after ruling on motion to stay), Joint MOTION for Extension of Time to File Response/Reply New date requested 12/30/2021. (1/11/21 is new date requested) ( Responses due by 1/21/2021) by Counter Defendant Spectrum Laboratories, LLC. (Cavanagh, Matthew) |
| Filing 26 RESPONSE in Opposition re #24 MOTION to Stay THE PROCEEDINGS filed by Counter Defendant Spectrum Laboratories, LLC, Plaintiff Spectrum Laboratories, LLC. (Attachments: #1 Exhibit A - Spectrum's Motion to Dismiss or Stay the State Court Case, #2 Exhibit B - Stipulation to Dismiss Tandberg, #3 Exhibit C - Dismissal of Synthetix5) (Cupar, David) |
| Filing 25 DEFENDANT 513 VENTURES, LLCS ANSWER to #1 Complaint,, AND, COUNTERCLAIM against Spectrum Laboratories, LLC filed by 513 Ventures, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (O'Connell, Brian) |
| Filing 24 MOTION to Stay THE PROCEEDINGS by Defendant 513 Ventures, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (O'Connell, Brian) |
| Minute Order. Proceedings held before Judge Michael R. Barrett #22 Motion for Hearing - Status Conference held on 12/10/2020: Matthew Cavanagh and David Cupar appeared for plaintiff; Chrles Brown, Brian O'Connell and Stephen Schmidt appeared for defendant; defendant to file their Motion to Stay by 12/15/2020; response due 1/4/2021; plus 7 days for a reply; responses to the #9 Motion for Preliminary Injunction are stayed at this time. (ba) |
| Filing 23 NOTICE of Appearance by Charles Hampton Brown, III for Defendant 513 Ventures, LLC (Brown, Charles) |
| Filing 22 MOTION for Hearing REQUEST FOR INFORMAL PRELIMINARY CONFERENCE by Defendant 513 Ventures, LLC. (Schmidt, Stephen) |
| If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (kh) |
| Filing 18 Case transferred in from District of Ohio Northern; Case Number 1:20-cv-02333. Original file electronic copy of transfer order and docket sheet received. |
| Judge Michael R. Barrett added. (er) |
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Filing 17
Order of Transfer . The court finds the Motion to Transfer well-taken, especially in light of Spectrum's Stipulation. Because 513 Ventures operates only in Cincinnati, venue does not lie in this district under 28 U.S.C. 1400 and controlling patent and copyright case law. But the court finds that justice is better served by transfer rather than dismissal. Accordingly, the court hereby transfers this case to the United States District Court for the Southern District of Ohio, where the action could have been brought initially. 28 U.S.C. 1404(a), 1406(a). Related documents #14 , #16 . Signed by Judge Solomon Oliver, Jr. on 12/2/2020. (R,Sh) [Transferred from Ohio Northern on 12/7/2020.]
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| Filing 16 Proposed Stipulation to transfer venue to the Southern District of Ohio filed by Spectrum Laboratories, LLC. (Cavanagh, Matthew) Modified text on 12/1/2020 (S,SR). [Transferred from Ohio Northern on 12/7/2020.] |
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Order [non-document] granting Defendant's Motion for appearance pro hac vice by attorney Brian J. O'Connell for 513 Ventures LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #13 ). Judge Solomon Oliver, Jr. on 11/6/2020.(R,Sh) [Transferred from Ohio Northern on 12/7/2020.]
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| Filing 15 Corporate Disclosure Statement filed by 513 Ventures LLC. (Schmidt, Stephen) [Transferred from Ohio Northern on 12/7/2020.] |
| Filing 14 Motion to dismiss case for improper venue filed by Defendant 513 Ventures LLC. (Attachments: #1 Affidavit John Mullen)(Schmidt, Stephen) [Transferred from Ohio Northern on 12/7/2020.] |
| Filing 13 Motion for attorney Brian J. O'Connell to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10399984, filed by Defendant 513 Ventures LLC. (Attachments: #1 Certificate of Good Standing)(Schmidt, Stephen) [Transferred from Ohio Northern on 12/7/2020.] |
| Filing 12 Attorney Appearance by Stephen S. Schmidt filed by on behalf of 513 Ventures LLC. (Schmidt, Stephen) [Transferred from Ohio Northern on 12/7/2020.] |
| Filing 11 Affidavit/Declaration of Matt Cavanagh in support of preliminary injunction filed by Spectrum Laboratories, LLC. Related document(s) #9 . (Attachments: #1 Exhibit A - Reddit, #2 Exhibit B - Website, #3 Exhibit C - Facebook)(Cupar, David) [Transferred from Ohio Northern on 12/7/2020.] |
| Filing 10 October 2020 declaration of Matthew Stephens filed by Spectrum Laboratories, LLC. Related document(s) #9 . (Attachments: #1 Exhibit 1 - Emails)(Cupar, David) [Transferred from Ohio Northern on 12/7/2020.] |
| Filing 9 Motion for preliminary injunction filed by Plaintiff Spectrum Laboratories, LLC. (Attachments: #1 Brief in Support, #2 Exhibit A - McCarthy, #3 Proposed Order)(Cupar, David) [Transferred from Ohio Northern on 12/7/2020.] |
| Filing 8 Return of Service by personal service executed upon 513 Ventures LLC on 10/16/2020, filed on behalf of Spectrum Laboratories, LLC (Cavanagh, Matthew) [Transferred from Ohio Northern on 12/7/2020.] |
| Filing 7 Original Summons and Magistrate Consent Form issued to counsel for service upon 513 Ventures LLC. (Attachments: #1 Magistrate Consent Form) (L,MI) [Transferred from Ohio Northern on 12/7/2020.] |
| Judge Solomon Oliver, Jr assigned to case. (L,MI) [Transferred from Ohio Northern on 12/7/2020.] |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (L,MI) [Transferred from Ohio Northern on 12/7/2020.] |
| This action has been identified as a Patent Case that is subject to the Local Patent Rules. Link to #Local Patent Rules. (L,MI) [Transferred from Ohio Northern on 12/7/2020.] |
| Filing 6 Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by Spectrum Laboratories, LLC. (Cavanagh, Matthew) [Transferred from Ohio Northern on 12/7/2020.] |
| Filing 3 Corporate Disclosure Statement filed by Spectrum Laboratories, LLC. (Cavanagh, Matthew) [Transferred from Ohio Northern on 12/7/2020.] |
| Filing 2 Supplement to Complaint - Civil Cover Sheet and Summons, filed by Spectrum Laboratories, LLC. Related document(s) #1 . (Attachments: #1 Summons)(Cavanagh, Matthew) [Transferred from Ohio Northern on 12/7/2020.] |
| Filing 1 Complaint with jury demand against 513 Ventures LLC. Filing fee paid $ 400, Receipt number AOHNDC-10338890. Filed by Spectrum Laboratories, LLC. (Attachments: #1 Exhibit A (776 Patent), #2 Exhibit B (105 Patent), #3 Exhibit C (Quick Fix Trademark Registration), #4 Exhibit D (Q Trademark Registration), #5 Exhibit E (Q-Clock Copyright Registration), #6 Exhibit F (Termination Letter), #7 Exhibit G (Lawsuit Letter from 513 Ventures), #8 Exhibit H (Screenshots of infringing websites)) (Cavanagh, Matthew) [Transferred from Ohio Northern on 12/7/2020.] |
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